16475. Adulteration   and   Misbranding of   Chickfalfa.    V.   S.  v.   500   Sacks
of Chickfalfa. Consent decree of condemnation and forfeiture. 
Product released under bond. (F. & D. No. 23208. I. S. No. 0168. 
S. No. 1311.)
On or about December 8, 1928, the United States attorney for the Eastern 
District of New York, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for said district a libel praying 
seizure and condemnation of 500 sacks of Chickfalfa, remaining in the original 
packages at Brooklyn, N. Y., alleging that the article had been shipped by 
Russel & Maeaulay, Sacramento, Calif., on or about November 10, 1928, and 
transported from the State of California into the State of New York, and charg- 
ing adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: " Chickfalfa * * * Manufactured by Russel & 
Maeaulay, Sacramento, Calif., Guaranteed Analysis: Crude Protein, not less 
than 20%,    *    *   '*    Crude Fiber, not more than 18%."
It was alleged in the libel that the article was adulterated in that a sub- 
stance deficient in protein and containing an excessive amount of fiber had been 
substituted in part for the said article and had been mixed and packed with it 
so as to reduce and lower its quality and strength.
Misbranding was alleged for the reason that the statements " Crude Protein, 
not less than 20%," "Crude Fiber, not more than 18%," borne on the label,
were false and misleading and deceived and misled the purchaser when ap- 
plied to an article deficient in protein and high in fiber. Misbranding was 
alleged for the further reason that the article was offered for sale under the 
distinctive.name of another article.
On January 31, 1929, Joshua A. Barry, claimant, having admitted the allega- 
tions of the libel and having consented to the entry of a decree, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be released to the said claimant upon payment of costs and the exe- 
cution of a bond in the sum of $2,500, conditioned in part that it be relabeled 
under the supervision of this department in part as follows: " Crude Protein, 
not less than 16.5%    *    * . *    Crude Fiber, not more than 22%."
ABTHUB M. HYDE, Secretary of Agriculture.